The National Labor Relations Board once again ruled that the Saginaw Chippewa Indian Tribe cannot ban unionization efforts by casino workers at the Soaring Eagle Casino in Mount Pleasant, Michigan. The tribe also was ordered the tribe to rehire a fired worker and to notify employees that they have the right to organize labor unions. In April 2013 the NLRB issued the same ruling that challenged on several legal grounds.
The tribe must post and distribute the following notice to Soaring Eagle employees: “We will not suspend, discharge or otherwise discriminate against any of you for supporting the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America or any other union.” The tribe also must state it violated federal law.
The NLRB ruling came on the same day Soaring Eagle security workers voted against joining a union for the third time, according to a tribal press release. Workers cast 129 ballots out of 159 eligible; only 16 supported joining the Security, Police and Fire Professionals of America union. It was the fifth time a union attempted to organize Soaring Eagle employees.
For a decade, tribes have been battling the NLRB ruling that because they engage in interstate commerce, they are subject to federal rules and oversight in labor relations. Regarding the latest ruling, Saginaw Chippewa tribal officials said, “The board’s new position regarding tribes ignores the inherent sovereignty of Indian tribes and appears to be ignorant of the history of Indian tribes and the fact that most tribes have been involved in what is now called interstate commerce through the fur trade and other means hundreds of years before enactment of the National Labor Relations Act.”
Still, tribal officials used the unsuccessful union-organizing vote to its benefit. Bob VanWert, Soaring Eagle interim chief executive officer, said, “I am extremely pleased with the election results with nearly 90 percent of our security staff wishing to remain union free. I look forward to our continued teamwork and sincerely appreciate their vote of confidence.”
Tribal Chief Steve Pego added, “I have the upmost confidence in our associates and their ability to make an informed and well thought out decision. We have some of the finest people working with us and we are proud of the service and product that we provide.”
The NLRB also told tribal officials to rehire Susan Lewis with all back pay and benefits, cover any tax liabilities and pay any lost Social Security benefits. Those orders and stipulations aside, Tribal officials used the same-day vote to tout the victory of employees choosing against unionization in the latest vote. Lewis had attempted to organize employees.
